Professional Documents
Culture Documents
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END TERM EXAMINATION, MAY - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
CG-Compensatory Discriminations (Hons.-II)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Whether a upper caste girl marrying a Scheduled Caste boy is entitled to get reservational benefit?
b. Whether more than 50% reservation is permissible?
c. What was the reason behind 93rd Constitutional Amendment Act?
d. Whether classification of backward classes into more backward classes is justifiable?
e. What do you mean by catch up rule?
f. What do you mean by consequential seniority?
g. What do you mean by carry forward rule?
h. What do you mean by distributive justice?
i. What do you mean by social justice?
j. What do you mean by economic justice?
2. “I have a dream that one day this nation will rise up and live out these truths that all the men are created
equal. I have a dream that one day on the red hills of Georgia the sons of former slaveholders will be able
to sit down together at the table of brotherhood. I have a dream that my four title children will one day
live in a nation where they will not be judged by the color of their skin but by the content of their
character.”
“Racism has always been an integral part of the American society. Whereas in India castism has always
been an integral part of the India society, where political parties choose their candidate on the basis of
their caste even during election campaign prime minister of India has spoken in public gathering that
“mai Gujarat ka teli hoo”. ( I am Teli of Gujarat) and the caste vote matters.
In the light of above statements discuss the history of Race discrimination and caste discrimination in
USA and India respectively and also discuss the attempts made to end the impact of discrimination in
USA and India. (Marks 10)
3. “The service of India means the service of the millions who suffer. It means the ending of poverty and
ignorance and disease and inequality of opportunity. The ambition of the greatest man of our generation has
been to wipe every tear from every eye. That may be beyond us, but as long as there are tears and suffering so
long our work will not be over.”
In the light of even statement discuss the basis and justifications of compensatory discriminations policy in
India and also discuss the jurisprudential aspect of compensatory discriminations. (Marks 10)
4. What do you mean by the concept of creamy layer? What are the legal justifications of creamy layer concept of
SC & STs. Discuss in the light of recent discussions took place in this regard. (Marks 10)
PTO
5. Recently before going to face Lok Sabha Election the Parliament has provided 10% reservation to
economically backward sections in the general category the quota will be over the above the existing 50%
reservation to Scheduled Castes, Scheduled Tribes, and Other Backward Class.
Whether the 10% reservation to the economically backward sections can pass judicial scrutiny? Explain
with the help of provisions of Constitution of India and case laws. (Marks 10)
6. “Article 16(4) uses the term ‘backward classes of citizens’ where as Article 15(4) uses the term ‘socially and
educationally backward classes’ for the purpose of reservational benefits.
In the light of above discuss the judicial attempts to identify backward classes and socially and
educationally backward class term used in Article 16(4) and 15(4) respectively. (Marks 10)
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I.D. No.___________________
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Hostile Takeover
b. Fast Track Merger
c. Open Offer
d. Demerger
e. Acquisition
f. Person Acting in Concert
g. Control Under Takeover Code
h. National Company Law Tribunal
i. Insolvency Professional
j. Joint Venture
2. In the today’s Corporate world Corporate Restructuring gained an importance which lead to the
changing of Legal Provisions in the Companies Act, 2013? With the help of mentioned lines discuss
the scheme, Compromise and arrangement provisions under the Companies Act, 2013? (Marks 10)
3. The ordinary procedure of Law relating to Merger is different with the cross border Merger provisions
under the Indian Company Law? Describe the procedure for Cross border Mergers? (Marks 10)
4. The National Company Law Tribunal which having the Jurisdiction for approving or disapproving the
certain schemes of Restructuring? Explain the Jurisdiction of the NCLT in the case approving Mergers
between Two or more Companies? (Marks 10)
5. According to Corporate Law language Merger includes Demerger? Under the scheme of Demerger
the whole or any part of the undertaking, property or liabilities of any company (Transferor company)
is required to be transferred to another company (Transferee Company), or is proposed to be divided
among and transferred to two or more companies? With the help of these lines discuss the particular
Scheme along with relevant Case Law? (Marks 10)
6. Under the Substantial acquisition of shares and takeover Law, certain Compliances need to be
followed on acquiring shares, voting rights and control in the target company by the acquirer? In that
process Public announcement of Open offer is to made to public for fulfilling the creeping acquisition
limits? Explain the procedure of compliances needs to be followed under the Takeover code?
(Marks 10)
7. There is a Doubt in the Corporate Circles, while after making the Public announcement of Open offer,
whether Withdrawal of Open Offer is Possible or Not? Discuss the particular Legal Provision along
with relevant Case Law? (Marks 10)
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I.D. No.___________________
END TERM EXAMINATION, MAY - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
IPR-Patent (Hons.-II)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. What do you mean by Priority date?
b. What is World Trade Organisation (WTO)?
c. What do you mean by “State of the Art”?
d. Non Patentable inventions with examples.
e. What do you understand by General Agreements on Trade and Tariffs (GATT)?
f. Discuss whether Computer Programs can be patented. Give reasons.
g. What are the functions and powers of Controller related to Patent grants?
h. Discuss the Patentability of living organisms and genetic material under the Patent Act, 1970?
i. Explain Non Literal infringement.
j. Briefly explain Revocation of Patent.
7. Compulsory licenses are on the rise all over the world because it is the middle path between extreme
patent protectionism and patent abolitionism. In this context discuss the law regarding Compulsory
Licensing of Patent in India with especial reference to medicine. (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, MAY - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
T&I-International Investment Law (Hons.-II)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Why was the claim of United States disallowed in Neer v. Mexico?
b. Explain the importance of CSOB v. Slovakia, ICSID Case No. ARB/97/4 (December 29, 2004)
regarding the definition of Investment.
c. Discuss the approach of Aron Broches, the then General Counsel in the World Bank, in the quest for a
multilateral framework in International Investment.
d. How can unilateral statements be considered as a source of International Investment Law?
e. Why do developed nations try to interpret Fair and Equitable Treatment (FET) within the customary
international law?
f. What do you understand by investment incentives under International Investment Law?
g. Discuss the consequence of the Denial of Justice standard under International Investment Law.
h. Discuss the right to expropriate and the sovereignty of Host State under International Investment Law.
i. Discuss major points involved in AAPL v. Sri Lanka, award, June 27, 1990.
j. Discuss ‘Necessity’ as a defence available to Host State in extraordinary events.
2. In 2012, the Republic of Metazonia ((hereinafter the “Republic”) was awarded World Bank, African
Development Bank and European Investment Bank funding in the amount of USD 120,000,000 for the
purpose of commissioning a comprehensive program of repairs and upgrades to, and the expansion of,
Ahkam ul Mulk a city of Republic, Water and Sewerage Infrastructure: the Ahkam ul Mulk Water Supply
and Sanitation Project (the “Project”). Pursuant to a condition of the funding, the Republic was obliged to
engage a private operator to manage and operate the water and sewerage system, and carry out some of the
works associated with the Project. The Republic therefore invited tenders for the Project in 2011 (the “Bid
Process”).
Suez International Limited (“Suez”), a company incorporated under the laws of United Kingdom of Great
Britain, and Lawrence Ingenieure and Co. (“Lawrence”), a German corporation, in a joint venture
submitted a joint tender for the Project and were awarded preferred bidder status by the Republic in
December 2011. Suez and Lawrence incorporated ‘SLT’ a company incorporated under the laws of
United Kingdom for the purpose of their investment. Suez holds 80% of SLT’s shares and Lawrence holds
the remaining 20%.
Under the terms of the request for tender, the parties submitting a successful tender were obliged to
incorporate a local Metazonian operating company to enter into the contracts associated with the Project
(the “Operating Company”). The request for tender also required that a minimum number of shares in
the Operating Company were to be held by a local Metazonian company or a Metazonian national. SLT
decided to cooperate in this respect with Marshall Trailer Manufacture Co. (T) Limited (“MTM”), a
company incorporated in Metazonia. SLT incorporated Lucy Water Services Limited (“Lucy Water”)
under the laws of Metazonia on December 17, 2011, as the Operating Company. MTM subsequently
agreed to acquire a minority shareholding in Lucy Water. SLT holds 51% of the shares in Lucy Water,
and MTM holds the remaining 49%.
PTO
Ahkam ul Mulk Water and Sewerage Authority (hereinafter “AHWASA”) is a Metazonian public
corporation, established under the AHWASA Act 1980, partially repealed by the AHWASA Act 2000.
The operating company, Lucy Water, entered into three key contracts with AHWASA on February 19,
2012. Among all three, the most important contract was the Water and Sewerage Lease Contract (the
“Lease Contract”) according to which Lucy Water had to provide water and sewerage services for a ten
year period in a designated area and implement certain capital works required for modernization project.
The Lease Contract required Lucy Water to pay rental fees to AHWASA. In the Lease Contract, the
parties were described as Lucy Water and the Republic, as represented by AHWASA.
Prior to the handover of operations to Lucy Water on August 1, 2012 (the “Handover”), AHWASA was
responsible for the provision of water and sewerage services to the residents of Ahkam ul Mulk and the
surrounding area. After the Handover from AHWASA, Lucy Water’s role was to operate the water
production, transmission and distribution systems, operate and maintain the sewerage system, and to build
and collect revenue from the customers receiving these services.
According to the Lease Contract, Lucy Water would collect an operator tariff, which would fund its
operations; a lessor tariff, which it would turn over to AHWASA; and a first-time connection tariff (FTC
Tariff), which would be placed in a trust account to fund low-income users’ connection charges. In turn
AHWASA also agreed to give Lucy Water exclusive use of certain assets that Lucy Water would lease
from AHWASA, and the exclusive right to operate the designated water services, and promised not to
hinder in any way or conflict with Lucy Water’s operations.
Lucy Water started its performance on August 1, 2012. Following the Handover, and until the events
which took place in May 2014, and which culminated in the seizure of Lucy Water’s operations on June 1,
2014, Lucy Water supplied water and sewerage services under the Lease Contract. In addition to the
infrastructure problems, which were hard to fix, Lucy Water found it difficult to bill and collect from
customers for the services it provided due to various reasons including the resistance of many residents
regarding the rise in the rates.
The most significant issue was Lucy Water’s failure to implement the new billing process, which was the
lifeblood of the system and would help fund Lucy Water’s operations. Lucy Water had underestimated the
difficulty of the project and failed to allocate sufficient managerial and financial resources to it. Lucy
Water requested an increase in the Operator Tariff, but the Republic rejected the request after an auditor’s
report which suggested that it was unwarranted. The position was soon reached where it was clear that
Lucy Water simply could not continue without a fundamental renegotiation of the Lease Contract.
Therefore, in 2014, Lucy Water tried renegotiation with Metazonian Government under the guidance of an
expert mediator Dr. Pollock, a specialist in regulatory and policy matters but the mediation failed.
Finally, between May 13, 2014 and June 1, 2014, AHWASA and other government authorities took
certain steps, including repudiating the lease contract and occupying Lucy Water’s facilities, taking over
the management. And, finally on June 1, 2014, Lucy Water’s senior management were deported, and
representatives of the Republic and AHWASA seized the company’s assets, installed a new management
and took over Lucy Water’s business.
According to SLT, these events constitute the expropriation of SLT’s investment and amount to a breach
of the Republic’s international and domestic obligations, in particular its obligations to grant fair and
equitable treatment, not to take unreasonable and discriminatory measures, the obligation to grant full
protection and security to investors and to guarantee the unrestricted transfer of funds which were
guaranteed under the relevant BIT between the United Kingdom of Great Britain and the Republic of
Metazonia (the “BIT”).
On 5 August 2014, ICSID received a request for the institution of arbitration proceedings under the
Convention on the Settlement of Investment Disputes between States and Nationals of Other States
PTO
(ICSID Convention) on behalf of SLT Limited against the Republic of Metazonia. SLT based its case on
the Agreement between the United Kingdom of Great Britain and the Republic of Metazonia for the
Promotion and Protection of Investments signed at Ahkam ul Mulk on 15 January 1993, and entered into
force on 2 August 1995(the “BIT”). SLT requested damages of USD 20 million.
In accordance with Article 36 of the ICSID Convention, the Secretary-General of ICSID registered the
Request for Arbitration and finally proceedings were started. During the proceeding, apart from other
relevant documents submitted from both sides, two experts’ reports were also submitted by the Republic
of Metazonia as follows:
Dr. Pollock, the expert mediator of renegotiation in 2014 stated that:
“in an overriding way [Lucy Water’s] performance had been pretty poor ... the performance, it was pretty
much regarded by everybody, really, that their performance had not been very good at all”; “the cash
collections ... had clearly deteriorated substantially over the course of the contract period ...”;
“from AHWASA’s perspective, Lucy Water’s performance in that regard ... had been worse than
theirs...”.
Dr. David Fox, another expert in the matter of fair market value of expropriated property, also noted
that:
“by 12 May 2014, Lucy Water had shareholders’ equity of less than negative USD 8,000,000. It was not
paying its bills and was subject to winding up at the instance of any of its creditors. In particular, it was
withholding the Lessor Tariff, the FTC Tariff, and the Rental Fee. As set out earlier, SLT had repeatedly
said Lucy Water was not financially viable under the status quo; and joint financial projections showed
that Lucy Water would suffer significant operating losses going forward. Therefore, as of May 12, 2014,
Lucy Water had no value.”
In the light of all relevant facts stated above and considering the expert reports, answer the following
questions:
(a) Will ‘SLT’ be successful in its claim? Discuss with your reasoning. (Marks 05)
(b) What are the defences available to the ‘Republic’ in the present case? (Marks 05)
3. “There is no single definition of investor and investment but they are the key elements determining the
scope of application of rights and obligations under international investment laws.”
Critically analyze in the light of relevant provisions of Convention on the Settlement of Investment
Disputes between States and Nationals of Other States (ICSID Convention) and the relevant case laws.
(Marks 10)
4. What do you mean by market access and favorable condition for market access under International
Investment Law? Also discuss various treaty models for market access. (Marks 04+06=10)
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Criminal Justice System in ancient India.
b. Jurisdiction and power of Circuit Courts and District Courts in USA
c. Autrefois acquit and Autrefois Convict.
d. Essential ingredients of Charge under the Code of Criminal Procedure, 1973
e. Composition of Parole board in USA
f. Evolution of Nyay panchayat
g. Powers of JMSC under the Code of Criminal Procedure, 1973
h. Explain Pre-Trial Motion.
i. Bivens Action
j. Inquisitorial system
PTO
4. Answer the following:-
a. Explain the trial process followed by the courts in India to summarily dispose of the cases. What is
the underlying idea of trying cases summarily? Give relevant legal provisions and important
judicial pronouncements in this regard.
b. Abhi was leaving his home for work when police arrive at his doorstep and arrest him. He was
taken to the nearest police station where he was interrogated for hours. When he demanded to
speak to his lawyer, the police officials denied him the same and did not allow him to inform his
family about his arrest.
What are the rights that Abhi is entitled to in the given situation under the Constitution of India as
well as the Code of Criminal Procedure, 1973? Support your answer with relevant legal
provisions and important judicial pronouncements. (Marks 5+5=10)
5. Answer the following:-
a. Compare the powers of Public Prosecutor in India with those of Prosecutor in USA and UK.
b. The New York police arrested Alice in connection with a felony matter. While she is in
custody, the investigating officer obtains certain information from her on the promise that it will
not be used against her in the trial. The Prosecutor reiterates the promise. In her trial, when the
charges are read to her she realises that the Prosecutor did not keep up with his promise.
Alice has appointed you as her Defence Attorney in the present matter. Suggest her further course
of action. Support your answer with relevant case laws and legal principles. (Marks 5+5=10)
6. Explain the role played by police in Continental countries. Compare their power and functions with
those of police in UK. (Marks 10)
7. .“Shift from Indeterminate sentencing to determinate sentencing has brought positive changes in the
criminal justice system.” Comment in light of the Determinate Sentencing Guidelines, which are
applicable in USA and UK. Can the principles applicable in USA and UK be applied to Indian
system? (Marks 10)
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I.D. No.___________________
END TERM EXAMINATION, MAY - 2019
B.A.LL.B. (HONS.)
SEMESTER-II
Sociology (Minor): Sociological Thought
Max. Marks: 60 Time Allowed:3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
2. Nathan Roscoe Pound was unlike his predecessors. He considers law as a developed technique and
treats jurisprudence as a social engineering and also believes that the end of law is to satisfy a
maximum of human wants with a minimum of friction. Provide a comprehensive analysis of the given
lines. (Marks 10)
3. Karl Marx, a champion of socio-political and economic thoughts who too established a dominant
ideology to emancipate the humankind from the adverse effects of modern capitalism. On the other
side, the postmodern sociological tradition has lost its faith and confidence on the same dominant
ideology of Marx. Discuss and argue with your outlook and relevant examples. (Marks 10)
4. Provide a comparative analysis of Methodology developed by Auguste Comte and Max Weber for
understanding social phenomena or social objects. Discuss the details of their points of variability and
similarities. (Marks 10)
5. Complex sciences are social sciences and the basic sciences are general sciences. Increasing order of
complexity is associated with the more recent social sciences and Comte proves that Mathematics is
less complex than Sociology. Considering the above lines, present a scientific narrative. (Marks 10)
6. Being consumers we buy more real than real, we present our body more real than real, and of course
everything goes out and comes in as hyper-real. Elaborate the above lines with the suitable theoretical
insights. (Marks 10)
7. Provide a critical note on the Theory of Division of Labour propounded by Emile Durkheim.
(Marks 10)
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I.D. No.___________________
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
b. Write the differences between doctrine of marshalling and doctrine of contribution. (Marks 5)
3. ‘Redemption is an exclusive right of mortgagor against mortgagee, so he can bring a suit for
redemption but Transfer of property Act lists some more persons who may sue for redemption’. Under
what provision such right is granted to those other persons? Elaborate. Also discuss the principle of
‘redeem up foreclose down’. (Marks 10)
PTO
4. Answer the following:-
a. Suhail transfers a commercial property to his wife, but in case she should die in his lifetime,
transfers to his nephew Sahil which he had transferred to her. Suhail and his wife died together,
under circumstances which make it impossible to prove that she died before husband. What would
be the right or interest of nephew Sahil? Discuss with relevant provision and case laws if any.
b. B. What do you understand by ‘child en ventre sa mere’? Narrate under what circumstances the
interest in immovable property may be created for the benefit of an unborn person. (Marks 5+5)
5. Mr. Xantho created a Trust and gave an estate to trustees on trust. He directed to sell it after his wife
Cathy’s death and to hold the sale proceeds in trust for his children in such a form as his wife shall
appoint within one year from his death. After Mr. Xantho died, Cathy executed a will before the lapse
of one year directing the proceeds to be divided equally among her three sons S1, S2 and S3. Later she
made a will by which she gave the estate to S1 and a legacy of her own property to the other two sons
S2 and S3 also to the sons of S2. S2 predeceased his mother (testatrix). Due to dissatisfaction S1
brought an action to compel S3 and sons of S2 to elect between their claims under the trust deed of
Mr. Xantho and Mrs. Cathy’s will.
Based on above facts state whether the suit filed by S1 is sustainable or not? Also enumerate various
rules of doctrine of election. (Marks 10)
6. “Where an appeal is preferred within Limitation period, the appeal would be continuation of suit and
the property in question cannot be transferred”. Examine the statement with the relevant provision of
the Transfer of Property Act and judicial pronouncements. (Marks 10)
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
2. Critically discuss the role of the legislature in policy making in India. (Marks 10)
3. Discuss the role of the unofficial actors in policy making process with special reference to interest
groups by citing adequate examples. (Marks 10)
5. Critically examine the role of Bureaucracy in policy implementation and offer solutions to make it
more effective. (Marks 10)
6. What is policy evaluation? Explain the different types of policy evaluation. (Marks 10)
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I.D. No.___________________
END TERM EXAMINATION, MAY - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII Drafting, Pleading and Conveyancing
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Importance of verification of pleadings
b. Define condition precedent
c. Particulars to be contained in a plaint
d. Evasive denial
e. Effect of set-off
f. Difference between interim injunctions and interlocutory injunction.
g. What do you means by notice?
h. Define dilatory pleas
i. Structure of a pleas
j. Define complaint
2. A construction Co. by the name M/s ABC and Co. entered into a written contract with M/s XYZ and Co.
for constructing a factory for the latter. The written contract provided for payment of a certain fixed
amount at every stage of the construction. The construction Co. claimed the contractually stipulated
amount upon completion of the ground floor of the factory. The M/s XYZ and Co. failed to make
payment despite several reminders and finally a legal notice. Now M/s ABC and Co., desirous of
claiming the liquidated demand arising out of a written contract through litigation. Draft appropriate
pleadings on its behalf. (Marks 10)
3. Mr. Arnab assaulted Latika near bus stand on 12th May 2018 at 9.00 am, motivated by ill will. Miss
Latika intends to file a complaint in court under Section 323 IPC. Draft a criminal complaint. (Marks 10)
4. Mohan Ram Sahu, a Patwari of a village, is put up for trial for an offence u/s 409 IPC criminal breach of
trust by a public servant. The prosecution case against him is that he failed to send the govt. treasury
amount of Rs. 3000/- out of the amount he had collect as land revenue. An offence u/s 409 is a Non-
bailable offence. The accused is an old man of 60 years and is an under trial prisoner. Draft a bail
application under relevant provision. (Marks 10)
5. Mr. Dhanush wanted to take a loan of Rs. 4,00,000 from Mr. Vikram by keeping security of his property
to the Mr. Vikram as mortgage and received the loan amount on 15thApril, 2014. Draft a simple mortgage
deed. (Marks 10)
6. Gautam intends to donate all his estate comprising land and buildings to his daughter Anu in
consideration of the natural love and affection he has for her. (Marks 10)
7. A lease agreement was entered into between the plaintiff and defendant in respect of the premises
belonging to the plaintiff. The agreement provided that the lessor (the p/f) could terminate the agreement
at any time by giving a 1 month notice in writing to the lessee. Inspite of such a notice have been sent.
The defendant has not vacated the premises and the Plaintiff now ceases for possessions. Draft a civil
suit. (Marks 10)
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I.D. No.___________________
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
4. Discuss the object, applicability and main features of the Advocates Act, 1961? (Marks 10)
6. “Are advocates coming within the domain of the Consumers Protection Act, 1986”? Narrate the correct
legal position with the help of case laws. (Marks 10)
7. Briefly discuss the entry of foreign legal firm into India after adoption of GATS. (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, MAY - 2019
B.A.LL.B. (HONS.)
SEMESTER-II
Political Science (Major): Political Thought
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Bentham on Law and Judicial administration
b. Bentham on Education
c. Mill on State
d. Mill’s view on Representative Government
e. Constitutional Democracy of Ambedkar
f. Locke on Natural Rights
g. Gandhi’s view on Trusteeship
h. ‘The Statesman’ of Plato
i. Aristotle on Revolution
j. Distributive Justice of Aristotle
3. “Plato seeks a superman, who will create a state as good as ought to be, Aristotle seeks a super-science,
which will create a state as good as can be.”(Maxey).Discuss. (Marks 10)
4. “Hobbes’ theories and conceptions are not only defective but also undesirable.”Discuss. (Marks 10)
5. “Beginning as an architect in revolt against all social coercion, Rousseau came in time to a conclusion
which made the state everything and the individual nothing,” (Kingsley Martin).Examine this estimate of
Rousseau’s Political thought. (Marks 10)
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Objectives of the industrial relations legislation.
b. Define 'settlement' under the Industrial Disputes Act, 1947.
c. Importance of Article 43 of the Constitution of India.
d. What do you mean by courts of inquiry?
e. Discuss the role of the State in industrial relations.
f. What is the qualification for appointment as the presiding officer of a Labour court?
g. What do you mean by Sovereign functions?
h. Whether suspension of work due to trade reason can be treated as lock out?
i. Define 'trade dispute' under the Trade Union Act, 1926.
j. What do mean by collective bargaining?
2. Mr. XYZ, was appointed as a clerk in sugar mills, purely on the contract basis. It was mentioned in his
appointment letter that his services shall be availed till it is considered as fit and proper. After that his
services shall be dispensed with. Accordingly, Mr. XYZ was discontinued from the service by the sugar
mills without complying the provisions of the section 25-F of the Industrial Disputes Act, 1947. Mr.
XYZ raised the industrial dispute on the ground of retrenchment by sugar mills and moreover claimed
reinstatement in the service with full back wages.
Based on the above facts, discuss whether Mr. XYZ was retrenched or not as per the provisions of the
Industrial Disputes Act, 1947. Substantiate your answer with help of landmark cases decided by the
Hon'ble Supreme Court as to the interpretation of the definition of retrenchment. (Marks 10)
3. "The principal factor to determine whether a person is a workman or not is the main or substantial work
for which he has been employed and engaged and not his designation”
In the light of above statement, elucidate the definition of ‘workman’ under the Industrial Disputes Act,
1947 and also discuss the approach of the judiciary in this regard.
(Marks 10)
4. Answer the following questions.
a. Discuss the privileges and immunities of a registered trade union. Is registration of trade union
compulsory?
b. Where and under what circumstances an appeal lies against the decision of the Registrar of the Trade
Unions? (Marks 5+5=10)
PTO
5. "The labour movement has been an instrumental in the enacting of laws protecting labour rights in the
19th and 20th centuries. The labour movement has contributed a lot for the enactment of laws protecting
labour rights. The history of labour legislation in India can be traced back to the history of British
colonialism."
In the light of above statement, write a detail note on development of labour laws in India with special
reference to pre and post independence period. (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, MAY- 2019
B.A.LL.B. (HONS.)
SEMESTER-VI
Corporate Law- II
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Qualification of an independent director
b. Shadow director
c. Key Managerial personnel
d. Mismanagement
e. Corporate Right
f. Insolvency Professional
g. Contributory
h. Onerous contract
i. NCLAT
j. Class- Action suit
2. Directors as a body endow the juridical person with human face that can act and react.”
In the light of above discuss the role and duties of directors in a company with case laws. (Marks 10)
3. “Discuss the composition and functions of various committees of the board along with role of
independent directors in those committees.” (Marks 10)
4. ‘X’ pushes ‘Y’ and ‘C’ watches the same, ‘C’ cannot bring an action against ‘X’, only ‘Y’ can bring.
On the basis of above fact, explain the concept of doctrine of non-interference and proper plaintiff rule
support your answer with case decisions. (Marks 10)
1. Explain the following (each explaination should be in approximately 100 words) (Marks 210=20)
a. What do you mean by 'trade dispute'?
b. Define 'strike' under the Industrial Disputes Act, 1947.
c. Discuss importance of Art. 43 of the Constitution of India.
d. Write a brief note on courts of inquiry.
e. Write any four objectives of industrial relations.
f. What is the qualification for appointment as the presiding officer of a Labour court?
g. Define lay off under the Industrial Disputes Act, 1947.
h. What are the duties of a conciliation officer?
i. What is section 2A of the Industrial Disputes Act, 1947?
j. What do you mean by collective bargaining?
2. Mr. XYZ, was appointed as a clerk in sugar mills, purely on the contract basis. It was mentioned in his
appointment letter that that his services shall be availed till it is considered as fit and proper. After that
his services shall be dispensed with. Accordingly, Mr. XYZ was discontinued from the service by the
sugar mills without complying the provisions of the section 25-F of the Industrial Disputes Act, 1947.
Mr. XYZ raised the industrial dispute on the ground of retrenchment by sugar mills and moreover
claimed reinstatement in the service with full back wages.
Based on the above facts, discuss whether Mr. XYZ was retrenched or not as per the provisions of the
Industrial Disputes Act, 1947. Substantiate your answer with help of landmark cases decided by the
Hon'ble Supreme Court as to the interpretation of the definition of retrenchment. (Marks 10)
3. Keeping in mind the definition provided under section 2(s) of the Industrial Disputes Act, 1947and
judgments given by the Hon'ble Supreme Court, decide and discuss whether following mentioned
categories of persons come within the ambit of section 2(s) or not.
a. Sales/Medical representatives
b. Domestic servants
c. Advocates
d. Teachers (Marks 2.5×4=10)
4. Define 'trade union'. Whether registration of the trade union is compulsory? Also, explain in detail rights
and liabilities of the registered trade union with the help of relevant provisions as mentioned under the
Trade Union Act, 1926. (Marks 10)
PTO
5. "The labour movement has been an instrumental in the enacting of laws protecting labour rights in the
19th and 20th centuries. The labour movement has contributed a lot for the enactment of laws protecting
labour rights. The history of labour legislation in India can be traced back to the history of British
colonialism."
In the light of above statement, write a detail note on development of labour laws in India with special
reference to pre and post independence period. (Marks 10)
7. "Right to strike is not expressly recognized by the law. The trade union Act, 1926 for the first time
provided limited right to strike by legalizing certain activities of a registered trade union. Nowadays,
right to strike is recognized only to limited extent permissible under the limits laid down by the law itself,
as a legitimate weapon of Trade Unions. The right to strike under the Constitution of India is not
absolute right but it flows from the fundamental right to form union."
In the light of above statement, critically examine the status of the right to strike in India with special
reference to constitutional validity of right to strike. Discuss the landmark cases to justify your answer.
(Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL 2019
B.A.LL.B. (HONS.)
SEMESTER-II
Law of Contract-II
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Is ‘club’ a partnership firm?
b. What are specific goods?
c. Who is substituted agent?
d. Define ‘sale of goods’.
e. What is reasonable time under the Sale of Goods Act, 1930?
f. Define Partnership under The Indian Partnership Act, 1932.
g. Discuss agency by ratification.
h. Explain Partnership at will.
i. What is sale by Sample?
j. What is meant by ‘Implied Agency’?
2. Answer the following with the help of relevant provisions of the Indian Contract Act, 1872 and case
laws:
a. ‘A’ who wanted to attend a function, left his car in B’s premises after having paid five rupees and
obtained a ‘Car Park Ticket’. He returned from the function and found that the car has been stolen.
‘A’ sues ‘B’ as for negligence. Will ‘A’ succeed?
b. “An obligation of a bailee can arise only out of a contract of bailment and not otherwise.” Elucidate.
(Marks 5+5=10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL 2019
B.A.LL.B. (HONS.)
SEMESTER-IV
Constitutional Governance-II
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. What is the constitutional validity of re-promulgation of ordinances by the Governor?
b. When can Parliament legislate on a subject under State list?
c. Can a petitioner who has unsuccessfully approached the High court under Article 226 be permitted to
move the Supreme Court under Article 32 of the Constitution through petition on the same facts and
for obtaining the same or similar remedy?
d. Can parliament enact a law contravening the provisions of a state law which is saved by the Governor
under Article 254?
e. "It is essential to have a council of ministers even at a time when the House of the People has been
dissolved." Discuss it in light of Constitutional provisions and judicial pronouncement.
f. Can the power of Parliament to punish for breach of privilege bypass Part -III of Constitution?
g. Can a person convicted for an offence be appointed as the Prime Minister?
h. Is it permissible for the Parliament under Article 31-B of the Constitution to immunise legislations by
inserting them in the Ninth Schedule?
i. What is the difference between ‘Direct conflict’ and ‘occupied field’?
j. What is meant by power to do complete justice?
2. “India has adopted the cabinet system of government. In England, it has been described that the term
‘Crown’ represents the sum total of governmental powers and is synonymous with executive.” Discuss
critically the power, position and influence of Indian President in the light of provisions of the
Constitution and various landmark decisions. (Marks 10)
3. Discuss the concepts of ‘Consultation’ and ‘Collegium’ for the appointment of judges of the Supreme
Court and High Courts. Highlight the various drawbacks of the collegium system and suggest alternate
mechanism for making such appointments. (Marks 10)
PTO
4. Answer the following: -
a. State of R enacted a law under entry 6 of List II - “Public Health and Sanitation, hospitals and
dispensaries”, restricting the use of loudspeakers near hospitals. Mr. G, on being prosecuted for
violating the law challenges the competence of the state legislature to enact such a law on the ground
that it encroaches on Entry 31 List I - “Broadcasting and other forms of Communication” which is
within the exclusive domain of the Parliament. Discuss the constitutional validity of the law applying
relevant rules of interpretation of lists.
b. What do you mean by 'colourable legislation'? Critically discuss the various juristic opinions on the
doctrine. (Marks 5+5=10)
5. On destruction of some statues of particular religions preachers, communal riots spread in a state. Despite
of various measures and help from the Union government, the State fails to curb the riots and control the
law and order problem. Can the President exercise his power under Article 356? Discuss the
constitutional validity. (Marks 10)
6. Critically analyse how ‘Inter governmental delegation of power’ as contemplated under the Constitution
facilitate cooperative federalism. What is the sanction behind non-compliance of administrative
directions by the States? (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL 2019
B.A.LL.B. (HONS.)
SEMESTER-VI
Intellectual Property Rights
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by each
question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Rustom finds his grandma separating husk from rice using Annexure 1. He develops Annexure 2 in
steel inspired by his grandma and files a patent for it. Decide whether his invention is patentable.
Annexure 1 Annexure 2
b. Surpanakha hears Sita singing a song for Ram. Surpanakha records the same in a device and then
distributes copies of the song in CD in Lanka. What rights has Surpanakha infringed of Sita?
c. Chotu wants to register “Upparwara’s special Tea” as his trademark since he is selling tea in
Uparwara. As the Registrar of Trademark will you allow such registration? Decide with help of
provisions of the Trademark Act 1999.
d. Sujan gifts his friend a self-handcrafted pen on his friend’s birthday. Everyone appreciates the pen
and asks where to get one. Sujan decides to get an intellectual property right protection over his
handcrafted pen. Decide whether he should have design or copyright protection.
e. Asha Foundation is the registered geographical indication (GI) proprietor of “Yaho Mangoes” from
Yaho land having distinct sour taste due to the soil condition. Himu foundation is the grower of
“Yaho Mangoes” from Yaho village in Himuland having distinct sweet taste due to water P.h. level
in Himuland. Himu foundation has also applied for GI status for “Yaho Mangoes”. Yaholand and
Himuland both being part of India can these GIs co-exist?
f. Yug develops an internet game based on publicly popular Ludo format. Later his roommate accuses
that Yug has stolen his roommate’s trade-secret of the Ludo game. Can Yug be liable for trade secret
misappropriation?
g. Nitya boasts in front of her friends that she has invented a new machine, shows them how it works
and then later files a patent application. What does her patent application lack?
h. State two properties of intellectual property.
i. Who is a breeder?
j. State when compulsory license can be given in case of abuse of patent.
P.T.O.
2. Answer the following:-
a. Explain the significance of “person skilled in art” in determination of novelty of invention in Patent
Law.
b. State the difference between rights of Author and Owner of a Literary Work. (Marks 5+5=10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
CG-Judicial Review (Hons.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
2. “The founding fathers wanted the Indian Constitution to be an adaptable and flexible document so as
to meet the socio-economic changes in the country. Hence the Parliament is conferred with the power
to amend the Constitution. At the same time interesting academic questions have arisen as to whether
the power of amendment can be exercised by the Parliament to completely rewrite or even drastically
change the basic tenets of the Constitution”. In the light of given statement, explain with the help of
relevant case-laws whether the power of Parliament to amend the Constitution is unlimited. Examine
whether the Constitutional Amendments can be excluded from the purview of Judicial Review.
(Marks 10)
3. “The Administrative authorities must understand the law correctly and know their limits before any
action is taken.” In the light of given statement, explain the following:
a. The Doctrine of Illegality and the situations in which it may be applied by the courts to invalidate
an administrative action.
b. Application of Doctrine of Proportionality in India. (Marks 5+5=10)
4. “According to the traditional theory, the function of adjudication of disputes is the exclusive
jurisdiction of the ordinary courts of law. However looking into the modern exigencies, many judicial
functions have come to be performed by administrative bodies. Though the Administrative Tribunals
make the dispute redressal process quick and less expensive, they cannot be given unbridled power so
as to become tiny despots and violate rights of the people.” In the light of given statement, discuss the
various grounds on which the decisions of the Tribunals can be reviewed by the High Courts and the
Supreme Court in India. Explain whether the power of Judicial Review over Tribunals can be
excluded by Constitutional Amendment. (Marks 10)
PTO
5. “The office of the President of India is very august and many privileges and immunities are conferred
by the Constitution.” In the light of given statement, explain the following:
a. The scope of Article 74 (2) and Judicial Review
b. The pardoning power of President and Judicial Review (Marks 5+5=10)
6. “Judicial Activism reaffirms the faith of the common man in the ‘Rule of Law’. It shows that the
Judiciary in India is the most vigilant defender of democratic values and human rights.” In the light of
given statement, explain the meaning and significance of ‘Judicial Activism’. Discuss with the help of
relevant case-laws the role of Judicial Activism in evolving and developing Human Rights
Jurisprudence in India. (Marks 10)
7. “The Writ of Habeas Corpus is known as the great and efficacious Writ in all manners of illegal
confinement.” In the light of given statement, explain the following with the help of relevant case-
laws:
a. Whether Writ of Habeas Corpus can be issued during Emergency in India
b. Whether Delay and Laches can be a ground for refusing the issue of Writ of Habeas Corpus.
(Marks 5+5=10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
CLS-Corporate Regulation (Hons.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks 210=20)
a. How does the Capital Market differ from Money Market?
b. What are the relations between Business and the Government?
c. Explain the concept of Ombudsman in Securities Market.
d. What do you mean by Corporatization and Demutualization?
e. What is the concept of Residential Director?
f. Individual Shareholder Rights vs Corporate Membership Rights.
g. What do you understand by ‘Comply or Explain’?
h. Explain the concept of Derivative Action.
i. Functions of Audit Committee.
j. Who are entitled to Sweat Equity Shares?
2. Explain the enhanced powers of the Securities and Exchange Board of India in the light of Sahara case
and also talk about the current status of the case along with the recent amendments in Securities laws.
(Marks 10)
3. Public Limited Company has no obligation to have its shares listed on a recognized stock exchange.
But if the company intends to offer its shares or debentures to the public for subscription by the issue
of a prospectus. It must before issuing such prospectus apply to the one or more recognized stock
exchanges for permission to have the securities intended to be so offered to the public to be dealt
within each such stock exchanges.
In the light of the above statement explain procedure that the Public Company is required to follow
while admitting its securities on recognized stock exchange with the help of relevant legal provisions
and case laws. (Marks 10)
4. Corporate Governance is concerned holding the balance between economic and social goals and
between individual and communal goals. The governance framework is there to encourage the
efficient use of resources and equally to require accountability for the stewardship of those resources.
The aim is to align as nearly as possible the interests of individuals, corporations and society.
In the light of the above statement, explain the role of Independent Directors in Corporate Governance
with the help of the relevant legal provisions and recent case laws. (Marks 10)
5. Define Director. Explain the position, role and functions of a Director in administration of affair of a
company with the help of legal provisions and case laws. (Marks 10)
6. Explain the role and functions of Corporate Social Responsibility Committee in the light of the
provisions of the Companies Act 2013. (Marks 10)
7. Write short notes on any two of the following:-
a. Alternative Investment Fund
b. Prospectus and Disclosures
c. Investigation in the affairs of the company. (Marks 5×2=10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
IPR-Trademark (Hons.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. What do you mean by goodwill of a trademark?
b. Define well known marks.
c. Give examples of three dimensional marks.
d. Write a note on registered user.
e. What is the penalty for representing a trademark as registered?
f. What is the remedy for unregistered trademark?
g. Who has power to file a suit for infringement of trademark?
h. Define the term 'deceptively similar'.
i. Explain in brief fair use under trademark law.
j. Explain in brief top level domain names.
2. Haldiram's is a major Indian sweets and snacks manufacturer based out of Delhi and Nagpur. The
company has manufacturing plants in a wide variety of locations in India. Haldiram's has its own
retail chain stores and a range of restaurants. Haldiram's was founded in 1937 as a retail sweets
and namkeen shop in Bikaner, Rajasthan.The company has grown at a tremendous pace over the years
and in 2017 it was crowned as the country’s largest snack company, surpassing all other domestic and
international competitors. In addition to domestic success, the company has found global success with
its products being available at more than 80 countries. The company has its registered trademark i.e.
Haldiram's and official website namely, www.haldiram.com through which it has been carrying on
and promoting its business worldwide successfully.
XYZ pvt. ltd. Company situated in India registered the domain name i.e. www.jaldirams.com XYZ
company started selling sweets and snacks online which got tremendous response from the public.
Haldiram's had to suffer huge economic loss due to the act of the XYZ pvt. ltd. Company.
Based on the above facts, discuss in detail whether trademark and domain name of the Haldiram's is
entitled for protection in cyberspace? If yes, Advise the Haldiram's company so as to bring proper
legal action against XYZ company. Substantiate your answer with the help of landmark cases.
(Marks 10)
3. Define certification trademarks. Explain in detail procedure for registration of certification trademarks
in India with the help of relevant provisions. Also, discuss limitations and conditions for use of
certification trademarks, if any. (Marks 10)
PTO
5. The "Spectrum of Distinctiveness" helps to describe strength of marks. The spectrum also informs the
scope of protection afforded to a mark. In general the higher a mark is on the spectrum, the stronger it
is in terms of the owner's ability to enforce its rights.
In the light of above statement explain meaning of the below mentioned marks with the help of
suitable examples.
a. Descriptive marks
b. Suggestive marks
c. Fanciful marks
d. Arbitrary marks (Marks 2.5×4=10)
7. Mr. ABC resident of India acquires goods legitimately from the trademark owner in country X, which
follows the principle of international exhaustion of rights, and subsequently sells them at a higher or
lower price in India.
Discuss whether the trademark owner can oppose the sale or not? Also, explain meaning of doctrine
of exhaustion and its types. Take the help of relevant provisions and cases to justify your answer.
(Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
Cr.L.- Transnational Crime & Law (Hons.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Mafia
b. Gambling
c. Sex slavery
d. Piracy
e. Financial fraud
f. Diamond Smuggling
g. Narco - terrorism
h. Domestic terrorism
i. Jihad
j. Al Queda
2. “Human trafficking is the trade in human beings, especially women and children, for the purpose of
forced labour, sex slavery, or commercial sexual exploitation for the trafficker or others. This may
encompass providing a spouse in the context of forced marriage, or the extraction of organs or tissues,
including for surrogacy and ova removal. Human trafficking can occur within a country or trans-
nationally.”
In the light of the above statement discuss different forms of human trafficking from the perspective
of transnational crime and suggest measures to combat such crimes. Also provide statistics of such
crimes in relation to the world criminal market. (Marks 10)
3. “Various groups within society have considered depictions of a sexual nature immoral, addictive, and
noxious, labeling them pornographic, and attempting to have them suppressed under obscenity and
other laws, with varying degrees of success. Such works have also often been subject to censorship
and other legal restraints to publication, display, or possession, leading in many cases to their loss.
Such grounds, and even the definition of pornography, have differed in various historical, cultural, and
national contexts.”
In the light of the above statement discuss pornography as a transnational crime with special reference
to the advent of science and technology, more particularly internet, which has transgressed all
boundaries and made such materials easily available. Also give an account of the ill effects of
pornography. (Marks 10)
4. What do you mean by rendition, extraordinary rendition and extradition? Explain in detail the general
conditions for the grant of extradition. Also explain attempts made by India for extraditing certain
fugitives in recent past. (Marks 10)
PTO
5. Origin and development of transnational crime is a comparatively recent phenomena in the arena of
criminology but has spread its wings exponentially, has been further fomented by globalization and
economic liberalization and world at large is the victim of such crime in one way or the other and is
posing a severe threat to security and sovereignty of nations. Comment with relevant illustrations.
(Marks 10)
6. What is international crime? Distinguish between international crime and transnational crime. Also
define “Crime against humanity” and discuss when a crime could be held as ‘crime against humanity’.
Refer to relevant document. (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
T&I-International Trade Law (Hons.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks 210=20)
a. What do you understand by de jure and de facto discrimination within the ambit of the principle of
non-discrimination?
b. In the dispute of EC - Asbestos, the Appellate Body held that, “carcinogenicity or toxicity was a
physical difference to be taken into account in the determination of "likeness", and linked this
criterion to the criterion of competitive relationship between the products at issue.”
In this background discuss the competitive relationship test.
c. Art. I.1 of the General Agreement on Tariffs and Trade 1994 provides that: "with respect to
customs duties … any advantage … granted by any Member to any product originating in or
destined for any other country shall be accorded immediately and unconditionally." Why did the
drafters of Article I.1 of the General Agreement on Tariffs and Trade 1994 refer to "any other
country" and not "any other member"?
d. What do you understand by Dumping? Assuming that all the substantive requirements for the
application of anti-dumping measures are met, what is the maximum level of anti-dumping duty
that a Member can impose on dumped imports?
e. Why tariff is preferred over quantitative restrictions under the General Agreement on Tariffs and
Trade 1994?
f. Explain briefly the elements that must be satisfied for a subsidy to be covered by the Agreement
on Subsidies and Countervailing Measures.
g. What are the substantive requirements for the application of safeguard measures?
h. What is the relationship between Trade and Investment?
i. Mercantilism has been criticized by Melvyn B. Krauss in his article titled, “What's So Favorable
about a Favorable Balance of Trade?” As per your understanding why mercantile system cannot
be considered as favorable from balance of trade point of view?
j. Discuss the Agreement on Technical Barriers to Trade and the Agreement on Sanitary and
Phytosanitary Measures relating to the international trade of oranges with respect to the size,
packaging and use of anti-pest spray.
PTO
3. Write an explanatory note on the objectives, history, structure and scope of the Agreement on
Technical Barriers to Trade and the Agreement on Sanitary and Phytosanitary Measures.
(Marks 10)
4. Discuss the basic principles which are incorporated under various multilateral trading agreements
within the framework of the World Trade Organisation. Write an analytical note on the principle of
MFN with its exceptions. (Marks 10)
7. According to the World Trade Organisation, “the best international agreement is not worth very much
if its obligations cannot be enforced when one of the signatories fails to comply with such
obligations.”
In this background discuss the World Trade Organisation Dispute Settlement System in accordance
with the Understanding on Rules and Procedures governing the settlement of dispute as contained in
Annex 2 to the Marrakesh Agreement establishing the World Trade Organisation.
(Marks 5+5=10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-II
Economics (Minor) Indian Economy
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Which sectors are included in social infrastructure of India economy?
b. What do you understand by ‘Relative Poverty’?
c. Explain the term ‘budget deficit.’
d. What are the different non-tax revenue sources of the Government?
e. Explain the term ‘sustainable development.’
f. What are the components of internal public debt in India?
g. Explain the term Mutual Fund.’
h. What is FRBM Act?
i. What is NITI Ayog?
j. Stock Market
2. ‘When Sickness reaches an advanced stage, it becomes difficult & takes longer time to diagnose the
reason and makes it costly to bring a unit back to no normal. On the basis of the given statement examine
how sickness in an industrial unit can be identified in the initial stage. Also discuss various remedial
measures offered to sick units to help them to regain their health. (Marks 10)
3. Discuss various aspects of India’s trade with rest of the world through its composition & direction of
foreign trade and Balance of Payments. (Marks 10)
5. While explaining different types of public expenditure incurred by the Government, discuss the role of
public expenditure in promotion of economic development. (Marks 10)
6. Quote the issued related to unemployment in India. Discuss various measures prescribed by the
Government for overcoming the problem of unemployment. (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-IV
Environmental Law
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
3. Explain the following under the Water (Prevention and Control of Pollution) Act, 1974:
a. Procedure for taking water samples.
b. Provision relating to judicial restraint order, appeal and revision against the order of the State
Pollution Control Board. (Marks 5+5=10)
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Imperative law
b. Conventional custom
c. Custom and Prescription
d. Direct and Indirect legislation
e. Declaratory Precedents
f. Persuasive precedents
g. Rights in re propria and rights in re aliena
h. Kinds of obligations
i. Vested and contingent ownership
j. Remedial liability
2. “Case law is gold in the mine- a few grains of the precious metal to the tons of useless matter- while
statute law is coin of the realm ready for immediate use.”
In the light of the above statement discuss the relative importance of legislation and precedent as
sources of law and also discuss their relative merits and demerits. (Marks 10)
3. “Many that live deserve death, and some that die deserve life. Can you give it to them? Then do not be
too eager to deal out death in judgment.”
In the light of the above statement discuss the abolitionist’s and retentionist’s arguments with respect
to death penalty. Also discuss the various rounds of challenges made before the Supreme Court
regarding Constitutional validity of death sentence. Refer to relevant cases. (Marks 10)
4. “A liberty is that which I may do innocently; a power is that which I can do effectively; a right in the
narrow sense is that which other persons ought to do on my behalf. I use my liberties with the
acquiescence of the law. I use my power with its active assistance in making itself an instrument of
my will; I enjoy my rights through the control exercised by it over the acts of others on my behalf.”
In the light of the above statement discuss the various components of rights in wider sense and analyse
the ‘Hohfeld’s analysis of legal rights’. Also state the Hohfeld’s conception of jural correlatives, jural
opposites and jural contradictories. (Marks 10)
PTO
5. “The essence of law lies in the spirit, not its letter, for the letter is significant only as being the
external manifestation of the intention that underlies it.”
In the light of the above statement while discussing the meaning of the interpretation of statute discuss
the various methods of interpretation. Also distinguish between interpretation and construction.
(Marks 10)
6. What do you mean by theories of punishment? Discuss in brief various theories of punishment and the
premise on which these theories are based. (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X
Media & Law (Opt.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Mention a set of five filters expounded by Noam Chomsky and Edward Herman that act to screen
the information disseminated by Media in modern society.
b. What is the difference between print media and electronic media?
c. How direct effect theory is connected with the theory of spiral of silence?
d. H.M. Seervai has noticed in his book on constitutional law that the provisions of the US
Constitution and Constitution of India as to freedom of speech and expression are essentially
different. Do you agree with the observation of H.M. Seervai?
e. Write an explanatory note on the importance of media in contemporary scenario.
f. What is the constitutional status of the publication of parliamentary proceedings in Indian context?
g. What is the function of the Press Council of India?
h. What do you understand by social responsibility theory of media?
i. What is the origin of the publication of newspapers in India?
j. What do you understand by the aversion defence test?
2. Columbia Global Freedom of Expression while analyzing the significance of the case of Justice K. S.
Puttaswamy (Retd)and another v. Union of India and others states that, “it establishes a binding
precedent on all Courts, unless overruled by a larger bench in India. It is also of wider significance
because, by putting the right to privacy at the heart of constitutional debate in the world’s largest
democracy, it is likely to provide assistance and inspiration for privacy campaigners around the
world.”
In this background write an analytical note on the meaning, facets and evolution of right to privacy in
Indian scenario. (Marks 10)
3. According to the Advertising Association of the UK, “advertising is a means of communication with
the users of a product or service. Advertisements are messages paid for by those who send them and
are intended to inform or influence people who receive them.”
In this background write an analytical note on the legal and ethical aspects related with advertisement
in Indian Scenario. (Marks 10)
PTO
4. Discuss the below mentioned rights of media with the help of relevant case laws:
a. Right to conduct interviews
b. Right to circulate (Marks 5+5=10)
5. In the case of In Re: Ramlila Maidan Incident v. Home Secretary, Union of India &Others it has been
observed by Justice Swatanter Kumar that, “it is significant to note that the freedom of speech is the
bulwark of democratic Government. This freedom is essential for proper functioning of the
democratic process. The freedom of speech and expression is regarded as the first condition of liberty.
It occupies a preferred position in the hierarchy of liberties, giving succor and protection to all other
liberties.”
In the light of abovementioned background write an analytical note on the Constitutional framework
of freedom of Speech and expression in Indian scenario. (Marks 10)
7. What do you understand by defamation? How defamation of a Judge is different from Contempt of
Court? Discuss the essential ingredients of a cause of action for defamation along with defences and
remedies in Indian scenario. (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X Women & law (Opt.-I)
Max. Marks: 60 Time Allowed:3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Female foeticide
b. Dowry Death
c. Adultery
d. Sati
e. Marital rape
f. Incest
g. Succession right of women under Hindu Law
h. Maternity benefits
i. Surrogacy
j. Bigamy
2. “Half of the Indian Population are women. Women have always been discriminated against and have
suffered and are suffering discrimination in silence. Self sacrifice and self denial are their nobility and
fortitude and yet they have been subjected to all inequities, inequality and discrimination.”
In the light of given statement elucidate the position of women in Indian society. (Marks 10)
3. Swami Vivekananda had once said “Just as a bird could not fly with one wing only; a nation would not
march forward if the women are left behind.” In the light of given statement discuss the role of judiciary
in promoting Gender Justice. (Marks 10)
4. “A woman feels as keenly thinks as clearly, as a man. She in her sphere does work as useful as man does
in his. She has as much right to her freedom - develop her personality to the full – as a man. When she
marries, she does not become the husband’s servant but his equal partner. If his work is more important
in life of the community, her’s is more important in the life of the family. Neither can do without the other.
Neither is above the other or under the other. They are equals.”
In context to the above statement discuss different provisions of Indian Constitution which ensures
equalitarian society. (Marks 10)
5. Supreme Court pulled the curtain covered on a 1400 year old practice of ‘triple talaq’ among Muslims
and set aside on several grounds including that it was against the basic tenets of the Holy Quran and
violated the Islamic law Shariat.
Do we, as a liberal progressive society, also have a moral duty to re evaluate traditions and practices in the
light of what we deem to be progressive and correct? Answer in the light of above issue.
(Marks 10)
6. Discuss the Directive Principles of State Policy and fundamental Duties in context to Gender Justice.
(Marks 10)
7. Explain the following:
a. Domestic Violence
b. Sexual Harassment (Marks 5+5=10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X Law of Insurance (Opt.-I)
Max. Marks: 60 Time Allowed:3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. What do you understand by ‘Yat bhavathi tat nasyathi’ in the context of Insurance law?
b. What do you mean by ‘Uberimae fides’?
c. What is meant by Insured Peril?
d. What do you understand by principle of Reinstatement?
e. Explain Hull insurance.
f. Whether Insurance Contract is Wager or Contingent? Justify.
g. Explain the terms ‘ignition’ and ‘combustion’.
h. Explain ‘Causa proxima’.
i. What do you mean by ‘Subrogation’?
j. Explain the concept of Contribution?
2. ‘The cardinal principle of law of Insurance is Indemnity’. How do you apply this principle in case of
Life, Fire and Marine? Give your answer with relevant legal provisions and case laws. (Marks 10)
3. Ravi is an insurance policy holder assigned his policy to Raja by endorsing upon the policy. But that
assignment of policy from Ravi to Raja was not informed to the Insurance Company. Whether notice
to the insurer is necessary for the validity of the assignment? Briefly explain the meaning and rules
regarding Assignment of Insurance Policy along with case laws. (Marks 10)
5. What is the concept of Life Insurance? Explain the different kinds of policies under Life Insurance
and also enumerate the concept of Premium with the help of legal provisions and case laws.
(Marks 10)
6. What is ‘Insurable interest’ in connection with Life, Fire and Marine Insurance? When must it subsist
in the case of each type? Explain the different kinds of insurable interest recognized by law.
(Marks 10)
7. Explain any two of the following:
c. Perils of the Sea.
d. Rights of the Third Parties under Motor Vehicle Insurance.
e. Burglary Insurance. (Marks 5×2=10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X W.T.O. (Opt.-I)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Discuss Three New Dimensions added to the objectives in the Preamble of the GATT 1947 by
WTO.
b. Discuss the determination of injury to impose antidumping duties.
c. What was the Beggar thy neighbour policy?
d. Discuss the Negative Consensus Rule under the WTO Decision-Making.
e. Two-Tier Test applicable under Article XX of the GATT 1994.
f. Discuss the basic difference between the application of Article XII and Article XVIII:B of the
GATT 1994.
g. Discuss the importance of ‘New Deal’ instituted during the tenure of President Franklin D.
Roosevelt.
h. Discuss three Rationales behind Article III of the GATT 1994.
i. Discuss the Concept of Like Products under the GATT 1994.
j. Briefly comment on Wheat Executive of 1916.
3. What do you mean by free trade? How do the principles of the WTO ensure the free trade? Is the
WTO a failure or a success in this regard?
(Marks 10)
4. What do you understand by ‘Accession Package’ under the WTO? Also discuss detailed procedure for
the withdrawal of membership from the WTO.
(Marks 10)
5. “The best international agreement is not worth very much if its obligations cannot be enforced when
one of the signatories fails to comply with such obligations.”
Critically analyze the abovementioned statement with reference to WTO dispute settlement system.
(Marks 10)
6. Discuss the Most Favoured Nation (MFN)principle as a cornerstone of the multilateral trading system.
Also explain the rationale behind the MFN and the Three-Tier Test. (Marks 10)
*******
I.D. No.___________________
1. Answer the following (each answer should be in approximately 100 words) (Marks 210=20)
a. What is the role of taxation in achieving the objectives of Part IV of the Constitution of India?
b. How distribution of tax revenue is done between the Centre and State?
c. Define the term ‘Business’ as per the GST Laws.
d. Discuss briefly the powers of Customs Officers given under the CGST Act.
e. What were the demerits of Value Added Tax (VAT) which have been removed in the new GST
Law?
f. Who is a casual taxable person under GST?
g. Define the term ‘Capital Goods’ as per the GST Laws.
h. Define the term ‘Services’ as per the GST Laws.
i. What is ‘Input Tax Credit’ under the GST Laws?
j. Who are the various officers under the Central Goods and Services Tax Act?
2. Discuss the salient features of the Central Goods and Services Tax Act (CGST Act) including the
provisions relating to the process of registration under the Act. (Marks 10)
3. The taxable event under GST is supply. The time of supply fixes the point when the liability to charge
GST arises. Elucidate the statement in details under the GST regime. (Marks 10)
4. Discuss the major defects in the old structure of Indirect Taxes and reasons for introducing Goods and
Service Tax (GST). How GST may be proved as solution of those defects? (Marks 10)
5. Discuss the salient features of 101st Constitution Amendment Act relating to the Goods and Services
Tax (GST) in India. Also discuss its relevance and need for introduction of new GST regime in India.
(Marks 10)
6. Critically examine the role of GST Council for dispute resolution mechanism relating to Goods and
Services Tax under the GST Law in India. Also discuss that how the GST Council is considered as
super legislature under the GST regime in India? (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII & X Law of Insolvency (Hons.-I)
Max. Marks: 60 Time Allowed:3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks 210=20)
a. According to provisions of Insolvency and Bankruptcy Code 2016 (IBC, 2016), who can initiate
insolvency resolution process (IRP)?
b. What is the time limit in Insolvency and Bankruptcy Code to finish initiated Insolvency
proceedings?
c. Who will acts as adjudicating authority in case of insolvency resolution for companies and
Individuals?
d. What do you mean by Insolvency Professional?
e. What is the limitation period for initiating Corporate Insolvency Resolution Process after default
as per provisions of IBC?
f. What is the difference between Resolution Plan and Information Memorandum?
g. Is Insolvency Proceedings eligible for withdrawal? If yes, what are the conditions?
h. What is the conditions precedent for operational Creditors to be complied with for initiating
Insolvency?
i. As per the IBC, who can feed financial Information in Information Utilities database?
j. Who is empowered to replace a Resolution professional and under which provision as per IBC?
2. Discuss with help of the committee reports and relevant provisions as to what the recent code aim to
do and who facilitates the execution of the code. (Marks 10)
3. “The dynamics of relationship between creditor and debtors changed after IBC” Elaborate the
statement in light of procedure of IBC with respect to financial creditor and issues creating hurdle in
smooth execution of the said code. (Marks 10)
4. What is Committee of Creditors? Discuss the role with duties, powers and processes under IBC?
(Marks 10)
5. M/S XYZ Ltd got one credit facility sanctioned to the tune of 2000 crore by a consortium led by
Indian Overseas Bank. Due to Financial crisis, the company made a default in repayment of debt. The
Loan is secured by two guarantors: one personal guarantee of Shri Shiv Prasad Singh and corporate
guarantee of a private company, ABC Pvt. Ltd. The consortium intends to initiate recovery action
against all the parties: borrower and guarantor. Please advice as to what all way outs are open to them
in light of purpose of IBC. (Marks 10)
6. Whether IBC as a code satisfies the principles of natural justice? Discuss in light of laid down
provisions and settled case laws. (Marks 10)
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Explain Talaq-e-tafwid.
b. Who are full blood and uterine blood relatives?
c. Commentaries and digests as a source of Hindu Law.
d. Hanafi School of Muslim Law.
e. Who is a Testamentary guardian?
f. Qiyas as source of Muslim Law.
g. Concept of Hizanat.
h. Explain Zihar.
i. Explain Constructive Desertion.
j. Explain al-khalwal-al-sahiha
2. Sneha and Prakash got married according to the Hindu rites and rituals on 24/05/1990. Both were gainfully
employed at the time of marriage at different places. After marriage, Sneha stayed in the matrimonial home
with her husband in Chennai where the husband was working as a Software engineer. On 28/06/1990, Sneha
left her matrimonial home to resume her job in Bengaluru where she was also working as a Software
engineer. She visited Prakash whenever possible and even Prakash visited her in Bengaluru. On 10/03/1992,
she gave birth to a girl. After the birth of child, Sneha again for a period of six month stayed in Chennai as
she was on a maternity leave. When her maternity leave was over, she along with the child went back so that
she could resume her job in Bengaluru. Prakash immediately after she moved back with the child started
pressurizing her to leave the job and stay at the matrimonial home in Chennai to devote all her time in
raising the child which Sneha did not agree to as she had a very promising career in Bengaluru. This was the
breaking point in their relationship and Prakash stopped going to Bengaluru and visiting the child and
Sneha. Even when Sneha visited Chennai with the child his behavior was very cold and he picked up fight
on trivial issues. On 15/03/1993, Sneha to her shock received a notice from the district court in Chennai
asking her to be present for the divorce proceeding. On further inquiry she found out that Prakash had
approached the court for a decree of divorce on the ground of Cruelty as Sneha had denied to quit her job
and stay with him. Sneha has approached you for legal advice on the matter.
Advise her by stating relevant provisions of the Hindu Marriage Act, 1955 and important judicial
pronouncements. (Marks 10)
3. Answer the following:-
a. What are Muta marriages? What are the legal incidents of Muta marriages?
b. Hema, a Hindu girl converts into Islam and marries Shahid. Soon after marriage there was a marital
discord between her and Shahid over her not being able to adapt properly to a Muslim way of life.
Hema, disturbed by the continuous fight goes to an Arya Samaj temple in her locality and undergoes a
shuddi ceremony and re-convert into Hinduism.
What will the status of her marriage with Shahid? Give reasons to support your answer. Also cite
relevant case laws and legal provisions to substantiate your answer. (Marks 5+5=10)
PTO
4. Answer the following:-
a. Elucidate the conditions that need to be satisfied for obtaining a court decree of Restitution of Conjugal
Rights with relevant case laws.
b. Ranjita and Vinod were married according to Hindu rites and ceremonies. Soon after marriage marital
discord occurred between them due to which Vinod left the matrimonial home and started residing
elsewhere. Ranjita moved to the court for a decree under Section 9 of the Hindu Marriage Act, 1955. In
her petition she alleged that Vinod had suppressed earlier subsisting marriage.
Can a restitution decree be granted in her favor by the court? Give reasons to support your answer. Also
cite relevant case laws and legal provisions to substantiate your answer. (Marks 5+5=10)
5. Discuss the validity of the following marriages as per Muslim Law by citing reasoning for the same.
a. ‘R’ a Muslim man marries ‘S’ a fire worshipper.
b. ‘M’ a Muslim man marries his wife’s daughter.
c. ‘P’ a Muslim man marries ‘Q’ who is undergoing Iddat.
d. ‘A’ a Muslim man marries ‘B’ by Nikah form of marriage but in absence of witnesses.
e. ‘H’ a Muslim woman marries ‘L’ who is a Hindu. (Marks 2×5=10)
1. Answer the following (each answer should be in approximately 100 words) (Marks 210=20)
a. What is the distinction between the King and the Crown?
b. What is meant by Rule of Law according to A V Dicey?
c. What do you mean by the system of checks and balances in USA?
d. What do you mean by ‘implied powers’ of President of USA
e. What do you mean by ‘filibustering’ in the United States?
f. What do you mean by the Principle of Senatorial Courtesy?
g. What is the system of ‘optional referendum’ in Switzerland?
h. What do you mean by Collegial or Plural Executive in Switzerland?
i. What does the expression ‘Renunciation of War’ means in Japan?
j. How is the Prime Minister of Japan elected?
2. Discuss the powers and position of Prime Minister of United Kingdom of Great Britain and Northern
Ireland. (Marks 10)
3. Write an essay on the conventions governing the functioning of various political institutions in United
Kingdom of Great Britain and Northern Ireland. (Marks 10)
4. “The United States Senate is considered to be the most powerful Upper Chamber in the world.” Critically
examine the special powers and functions performed by the US Senate. (Marks 10)
5. “Working within the framework of a representative democracy having a United Federal Assembly
comprising of the House of Representatives and the Senate, Switzerland is considered to be the classic home
of Direct Democracy in the world.” Critically examine the working of institutional mechanisms for direct
democracy in Switzerland. (Marks 10)
6. “The position of Emperor is nothing but a rubber stamp affixed to promulgate legislative enactments in
Japan. Unlike his counterpart in the United Kingdom, the Japanese Emperor does not even get an
opportunity to see a legislative proposal before it is promulgated in his name.” Critically examine the
statement in the light of the powers and functions discharged by the Emperor of Japan under the Mac Arthur
Constitution of 1947. (Marks 10)
*******
I.D. No.___________________
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Contribution of Justice H.R. Khanna to Indian Legal System
b. Carltona Rule
c. Classification of Administrative Action
d. The Test of ‘Real Likelihood of Bias’
e. Difference between Administrative Directions and Rules
f. Meaning and Significance of ‘Removal of Difficulty Clause’
g. Significance of the Judicial Decision in the case of L. Chandra Kumar v. Union of India (1997 SC 1125)
h. Difference between ‘Writ of Certiorari’ and ‘Writ of Prohibition’
i. Quasi- Contractual Liability
j. Any Four Exceptions to Principles of Natural Justice
2. “The Constitution of India which is the basic law of the land has divided the powers and functions between
the three organs of the State. Each organ of the government has to perform its own functions and exercise its
own powers and must not interfere with the functioning of the other organs of the government.” In the light
of given statement, explain the following with the help of relevant case-laws:
a. Meaning of ‘Excessive Delegation’ and the test laid down by the Hon’ble Apex Court to determine
‘Excessive Delegation’.
b. Delegation of Power to Impose Tax (Marks 5+5=10)
3. “Absolute Discretion is a ruthless master. It is destructive of freedom than any other invention of man.
Discretion is not evil but it gives reason for misuse.” In the light of given statement discuss with the help of
case-laws and relevant examples, the various situations when it is considered that the administrative
authority has abused its discretion or has not exercised its discretion properly. (Marks 10)
PTO
5. “No proposition can be more clearly established that a man cannot incur the loss of liberty or property for an
offence by a judicial proceeding until he had a fair opportunity of answering the case against him. A person
is not to suffer in person or in purse without an opportunity of being heard.” In the light of given statement,
explain the ‘Rule of Fair Hearing’ and discuss the essentials of Fair Hearing. (Marks 10)
7. “The Rule of Immunity based on English Law has no validity in India. In a democratic State with
Republican Government, it is in the interest of public and welfare state concept that the State should be held
liable for the tortious acts of its servants.” In the light of given statement, discuss the development of the
concept of Tortious Liability of the Administration in India. Explain whether the distinction between
sovereign and non-sovereign functions with respect to tortious liability is applicable in contemporary times.
(Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VIII
Land Laws
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Abadi and Nazul
b. Field Map
c. Holding
d. Marginal Farmers
e. Habitual Defaulter
f. Accommodation
g. Social Nuisance
h. Affected Family
i. Cost of acquisition
j. Survey number
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. Pervasiveness of Sati system in India
b. Crime against modesty of women
c. Adultery as a civil wrong
d. Digital Rape and Law
e. Custodial Rape and Law
f. Surrogacy and Law
g. Objectives of the Maternity Benefits Act.
h. Incest and Law
i. Matrimonial Crimes against women.
j. Restitution of Conjugal Rights and women.
2. “Though there has been formal removal of institutionalized discrimination, yet the mindset and the
attitude ingrained in the subconscious have not been erased. Women still face all kinds of discrimination
and prejudice. The days of yore when women were treated as fragile, feeble, dependent and subordinate
to men, should have been a matter of history, but it has not been so.”
In the light of given statement discuss the position of women in pre and post independence era in Indian
Society. (Marks 10)
3. “The Constitution of India, righty described as the ‘cornerstone of a nation’ embodies provisions for
social, economic and political revolution in India. It is the foremost document that defines and guarantees
equality, justice, liberty and democracy to the citizens of India. The Preamble declares that one of the
most fundamental provisions of the Constitutions is to secure social, economic and political justice for all
its citizens.” In the light of given statement elucidate how the India Constitution has recognized basic
rights for women. (Marks 10)
4. Short note on the following:
a. Domestic violence against women
b. Sabrimala temple issue and approach of Judiciary Marks 5+5=10)
5. Gender Justice has a high place in India criminal jurisprudence” In the light of above statement discuss
the different protections and safeguards provided under the criminal laws to the women in India.
(Marks 10)
6. Write notes on the following:-
a. Personal Law and Triple Talaq: A Judicial Approach
b. Social Justice and women (Marks 5+5=10)
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
2. “Insurance is a co-operative device to spread the loss caused by a particular risk over a number of
persons who are exposed to it and who agree to ensure themselves against that risk. Risk is
uncertainty of a financial loss”.
In the light of the above statement, briefly explain the scope and elements of risk and also talk about
how risk appears in case of Life, Fire and Marine Insurances with the help of relevant legal provisions
and case laws. (Marks 10)
3. “The origin of Insurance is lost in antiquity. The earliest traces of insurance in the ancient world are
found in the form of Marine trade loans or carriers’ contracts which included an element of insurance.
Evidence is on record that arrangements embodying the idea of insurance were made in Babylonia and
India at quite an early period”.
In view of the above statement, explain the history and growth of Insurance business in general and
significance of Marine Insurance in particular. (Marks-10)
4. What is the concept of “Insurable Interest”? When must the Insurable Interest subsist in the case of
Fire, Marine and Life Insurance? Explain with relevant provisions and case laws. (Marks-10)
5. What is the nature of Life Insurance Contract? Explain different kinds of policies under Life Insurance
Contract and also talk about the rules regarding payment of Premium with the help of the legal
provisions and case laws. (Marks 10)
PTO
6. ‘Malhotra Committee is responsible for enactment of the Insurance Regulatory and Development
Authority (IRDA)’ of India’. Briefly explain the finding and core recommendations of Malhotra
Committee. (Marks 10)
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
2. Discuss the need to have the free flow of Trade, Commerce and Intercourse throughout the territory of
India in relation to the taxation as per the Constitutional scheme. Also discuss the difference between
this freedom as given under Article I9 and Article 301 of the Constitution of India. (Marks 10)
3. Discuss the basic features of the Goods and Services Tax (Compensation to States) Act, 2017. Also
discuss its need for implementing the GST Laws in India. (Marks 10)
4. Explain different types of customs duties in India. Also explain the various powers in the hands of
Customs Officers under the concerned Act. (Marks 10)
5. “Every registered person shall be entitled to take credit of input tax charged on any supply of goods or
services or both to him which are used for business.
In light of above statement, discuss the concept of input tax credit as given under the GST Laws. Also
discuss the various basic conditions for claiming the input tax credit under the Act. (Marks 10)
6. Discuss the procedure of registration and its cancellation as per the CGST Act. Also discuss about
persons who are liable to get registered or exempt under the Act. (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER- X
Law of Insolvency (Opt.-II)
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Answer the following (each answer should be in approximately 100 words) (Marks 210=20)
2. Discuss the procedure to resolve insolvency in the Code in light of laid down provisions and decided
cases? (Marks 10)
3. The Act 26 of 2018 inserted Section 238 A to the code with effect from 06.06.2018. Discuss the issue
of application of the Indian Limitation Act from the date of enactment of code in 2016 in light of
decided cases. (Marks 10)
4. Discuss the position of financial creditor and operational creditor in CIRP proceedings in light of laid
down laws, regulations and decided cases? (Marks 10)
5. What is the importance of Arcelor Mittal case in interpretation of IBC? (Marks 10)
6. ”A creditor after disbursing loan has various avenues in case the borrower defaults in repayment of
debt.” Elaborate the statement of the challenges faced by prior legislations and change in recovery
matrix after IBC? (Marks 10)
*******
I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-II
English Literature
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. What is the meaning of ‘lost’ in the short story ‘The Lost Child’?
b. Comment on the tone of the poem ‘If’.
c. Comment on the use of anecdotes in the essay ‘On Saying Please’.
d. ‘At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom.’
Discuss the metaphor.
e. What is the conclusion of the essay ‘Lawyers: Born or Made’?
f. Why does the speaker think ‘Death’ is not mighty and Dreadful?
g. What does Bishan Singh’s gibberish symbolise?
h. Briefly discuss the theme of the poem ‘The Unknown Citizen’.
i. Justify the title of the essay ‘Dream Children’.
j. ‘To live anyhow is better than not at all.’ Explain the given sentence with its reference and context.
b. Bores are happy largely because they have so much to tell and come so well out of it; but
chiefly because they can find people to tell it to. The tragedy is, they can always find their
listeners, me almost first. And why can they? Why can even notorious bores always be sure of
an audience? The answer is, the ineradicable kindness of human nature. Few men are strong
enough to say, ‘For Heaven’s sake, go away, you weary me.’ Bores make cowards of us all,
and we are left either to listen and endure or take refuge in craven flight.
(Marks 5+5=10)
3. Answer the following:-
a. Write a critical appreciation of the essay ‘Of Studies’.
b. Comment on the tone and the theme of the poem ‘Strange Meeting’. (Marks 5+5=10)
PTO
4. Answer the following:-
a. Highlight the element of irony in the short story ‘The Verger’.
b. Critically summarize the speech ‘The Seven Stages of a Man’. (Marks 5+5=10)
6. Discuss the themes of justice, mercy, repentance, reconciliation, and forgiveness in the story ‘God Sees
the Truth, but Waits.’ (Marks 10)
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I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-IV
Public International Law
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
a. What do you mean by rule of specialty?
b. What is rebus sic stantibus?
c. What is the effect of ratification of treaty?
d. What do you understand by reservation in treaty?
e. Discuss the theories as to the basis of International Law.
f. What is the significance of resolution of General Assembly as source of International Law?
g. Can de jure recognition be withdrawn later by the recognizing state?
h. Under which provision of U.N. Charter Good offices is recognized as means of settlement of dispute?
i. What is Naturalist Theory regarding the basis of International Law?
j. What do you mean by Specific Adoption Theory?
2. What is the difference between legal and political dispute? While mentioning provisions of U.N. Charter
related to peaceful means of settlement of dispute, discuss the difference between Negotiation and
Mediation. (Marks 10)
3. “The grant of recognition establishes that new state, in the opinion of existing recognizing states, fulfils
the conditions of statehood required by International Law, so that the new state can be regarded, quoad the
recognizing states, as an international person possessing the rights and duties which International Law
attributes to states.” Comment. (Marks 10)
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I.D. No.___________________
END TERM EXAMINATION, APRIL - 2019
B.A.LL.B. (HONS.)
SEMESTER-VI
Alternative Dispute Resolution
Max. Marks: 60 Time Allowed: 3:00 Hrs.
Note: Answer five questions including Question No. 1 which is compulsory. The number of marks carried by
each question is indicated at the end of the question.
1. Explain the following (each explanation should be in approximately 100 words) (Marks 210=20)
3. “If a dispute involved non-signatories or included subject matter which was not strictly within the
arbitration agreement, the matter cannot be referred to arbitration”. Discuss the correctness of the above in
the context of section 8 of the Arbitration and Conciliation Act, 1996. (Marks 10)
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